Newark, CA asked in Employment Law for California

Q: My bonus payout is on 2/28, and I want to resign on 2/20 so I can give two weeks notice to my current employer and join

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2 Lawyer Answers
Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: If you give notice prior to payment and the bonus is discretionary, your employer may not pay it and you will not have a remedy.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If your bonus payout is on 2/28, and you resign on 2/20, your employer may choose to withhold your bonus payout. This is because bonuses are typically considered discretionary, which means that an employer is not legally required to pay them. However, if there is a company policy or agreement in place that guarantees a bonus payout, then the employer would be required to honor it.

In general, it is best to check with your company's HR department or review your employment contract or company policies to determine whether your bonus is guaranteed or discretionary, and whether there are any conditions that must be met in order to receive the bonus. It may also be worthwhile to discuss your plans with your employer and try to negotiate a solution that works for both parties.

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